Ohio Revised Code Search
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Section 5168.68 | Home and community-based services for persons with developmental disabilities fund.
...There is hereby created in the state treasury the home and community-based services for persons with developmental disabilities fund. All installment payments and penalties paid by an ICF/IID under sections 5168.63 and 5168.65 of the Revised Code shall be deposited into the fund. As soon as possible after the end of each quarter, the medicaid director shall certify to the director of budget and management the amount ... |
Section 5168.69 | Department of developmental disabilities operating and services fund.
...There is hereby created in the state treasury the department of developmental disabilities operating and services fund. The fund shall consist of the money transferred to it under section 5168.68 of the Revised Code. The money in the fund shall be used for the expenses of the programs that the department of developmental disabilities administers and the department's administrative expenses. |
Section 5168.70 | Investigation; enforcement.
...The department of developmental disabilities may make any investigation it considers appropriate to obtain information necessary to fulfill its duties under sections 5168.60 to 5168.71 of the Revised Code. At the request of the department, the attorney general shall aid in any such investigations. The attorney general shall institute and prosecute all necessary actions for the enforcement of sections 5168.60 to... |
Section 5168.71 | Adoption of rules.
...evised Code is an impermissible health care-related tax under the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w); (B) Establish any other requirements or procedures the director considers necessary to implement sections 5168.60 to 5168.71 of the Revised Code. |
Section 5168.75 | Definitions for R.C. 5168.75 to 5168.86.
...b(w)(4)(C)(ii), that is to be used in determining whether a health care class is indirectly held harmless for any portion of the costs of a broad-based health-care-related tax. If the indirect guarantee percentage changes during a fiscal year, the indirect guarantee percentage is the following: (1) For the part of the fiscal year before the change takes effect, the percentage in effect before the change; (2) For ... |
Section 5168.76 | Franchise fee on health insuring corporation plans.
...t rates to be paid to medicaid managed care organizations under the care management system. The following rates shall be used as part of the determination: CUMULATIVE TOTAL NUMBER OF OHIO MEDICAID MEMBER MONTHS APPLICABLE RATE For the first 250,000 $56 For 250,001 to 500,000 $45 For 500,001 and above $26 (C) The amount of the monthly franchise fee to be imposed on a health insuring... |
Section 5168.77 | Component due dates.
...The component of the monthly franchise fee based on Ohio medicaid member months is due not later than the fifth business day of the month immediately following the month for which it is imposed. The component of the monthly franchise fee based on other Ohio member months is due not later than the last day of September of the calendar year in which the rate year ends, and the total amount due under that component for ... |
Section 5168.78 | Documentation.
...The department of medicaid may request that a health insuring corporation provide the department documentation the department needs to verify the amount of the franchise fees imposed on the health insuring corporation plans administered by the corporation and to ensure the corporation's compliance with sections 5168.75 to 5168.86 of the Revised Code. On receipt of the request, the health insuring corporation shall pr... |
Section 5168.79 | Determination of higher fee.
...If the department of medicaid determines that the amount of a franchise fee that a health insuring corporation paid is less than the amount it should have paid, the department shall notify the health insuring corporation. Except as otherwise provided by the results of a reconsideration conducted under section 5168.80 of the Revised Code, the health insuring corporation shall pay the amount due. |
Section 5168.80 | Request for reconsideration.
...on may request a reconsideration of a determination made by the department of medicaid under section 5168.79 of the Revised Code. A reconsideration may be requested solely on the grounds that the department made a material error in making the determination. A request for a reconsideration must be received by the department not later than fifteen days after the date the department notifies the health insuring corporat... |
Section 5168.81 | Penalty for overdue payments.
...If a health insuring corporation fails to pay the full amount of a component of a franchise fee when due, the department of medicaid may assess a ten per cent penalty on the amount due for each month or fraction thereof that the component of the franchise fee is overdue. |
Section 5168.82 | Waiver required.
...The franchise fee shall not be imposed on any health insuring corporation plan unless there is in effect a waiver authorizing the franchise fee issued by the United States secretary of health and human services pursuant to section 1903(w)(3)(E) of the "Social Security Act," 42 U.S.C. 1396b(w)(3)(E). |
Section 5168.83 | Refunds.
...If the total amount of franchise fees imposed on all health insuring corporation plans under section 5168.76 of the Revised Code during a fiscal year exceeds the indirect guarantee percentage of the net patient revenue for all health insuring corporations for that fiscal year and seventy-five per cent or more of all health insuring corporations receive enhanced medicaid payments or other state payments equal to seven... |
Section 5168.84 | Modification or cessation.
...rs for medicare and medicaid services determines that the franchise fee is an impermissible health care-related tax under section 1903(w) of the "Social Security Act," 42 U.S.C. 1396b(w), the department of medicaid shall do either of the following as appropriate: (A) Modify the imposition of the franchise fee, including (if necessary) the amount of the franchise fee, in a manner needed for the United States centers ... |
Section 5168.85 | Health insuring corporation franchise fee fund.
...medicaid providers and medicaid managed care organizations. (B) Any interest or other investment proceeds earned on money in the fund shall be credited to the fund and used to make medicaid payments in accordance with division (A) of this section. |
Section 5168.86 | Implementation.
...The medicaid director may adopt rules in accordance with Chapter 119. as necessary to implement sections 5168.75 to 5168.86 of the Revised Code. |
Section 5168.99
...tion shall be deposited into the health care/medicaid support and recoveries fund created by section 5162.52 of the Revised Code. |
Section 5168.991 | Offsetting unpaid penalty.
... of medicaid may offset the amount of a hospital's unpaid penalty imposed under section 5168.99 of the Revised Code from one or more payments due the hospital under the medicaid program. The total amount that may be offset from one or more payments shall not exceed the amount of the unpaid penalty. |
Section 5804.01 | Methods of creation of trusts.
...A trust may be created by any of the following methods: (A) Transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death; (B) Declaration by the owner of property that the owner holds identifiable property as trustee; (C) Exercise of a power of appointment in favor of a trustee; (D) A court order. |
Section 5804.02 | General requirements for creation of trust.
... charitable trust; (b) A trust for the care of an animal, as provided in section 5804.08 of the Revised Code; (c) A trust for a noncharitable purpose, as provided in section 5804.09 of the Revised Code. (4) The trustee has duties to perform. (5) The same person is not the sole trustee and sole beneficiary. (B) A beneficiary is definite if the beneficiary can be ascertained now or in the future, subject to any ap... |
Section 5804.03 | Validity of nontestamentary trusts.
...A trust not created by will is validly created if its creation complies with the law of the jurisdiction in which the trust instrument was executed or the law of the jurisdiction in which, at the time of creation, any of the following applies: (A) The settlor was domiciled in, had a place of abode in, or was a national of the jurisdiction. (B) A trustee was domiciled or had a place of business in the jurisdiction. ... |
Section 5804.04 | Trust purposes must be legitimate.
...A trust may be created only to the extent that its purposes are lawful, not contrary to public policy, and possible to achieve. A trust exists, and its assets shall be held, for the benefit of its beneficiaries in accordance with the interests of the beneficiaries in the trust. |
Section 5804.05 | Purposes of charitable trust - enforcement.
...eneficial to the community. (B) If the terms of a charitable trust do not indicate a particular charitable purpose or beneficiary, the court may select one or more charitable purposes or beneficiaries. The selection must be consistent with the settlor's intention to the extent it can be ascertained. (C) The settlor of a charitable trust, among others, may maintain a proceeding to enforce the trust. |
Section 5804.06 | Trust induced by fraud, duress, or undue influence void.
...purposes as they have for purposes of determining the validity of a will. |
Section 5804.07 | Written instrument not required.
...t the creation of an oral trust and its terms may be established only by clear and convincing evidence. |